Schratter v. Development Enterprises, Inc.

OPINION

FRANKS, Judge.

This appeal presents the issue of whether exculpatory clauses in residential leases will be enforced to bar recovery against a landlord for his negligent acts which cause loss or damage to his tenant.

Plaintiffs and defendant entered into a residential apartment lease agreement in July, 1976, in Bradley County. In January, 1977, an agent of defendant negligently caused a fire in the apartment building, which resulted in loss and damage to plaintiffs’ personal property and other losses and expenditures. Defendant filed a motion for summary judgment, averring that a…